1 2025:CGHC:17474 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1900 of 2025 1. Deepak Baghel S/o Lakshman Baghel Aged About 20 Years R/o Vill Kesharpal, Tehsil Bhanpuri, P.S. Bhanpuri, Dist. Bastar (C.G.) 2. Rupendra Kashyap S/o Bhajan Kashyap Aged About 19 Years R/o Vill Kesharpal, Tehsil Bhanpuri, P.S. Bhanpuri, Dist. Bastar (C.G.) 3. Kamlesh Kashyap S/o Shyam Sundar Kashyap Aged About 19 Years R/o Vill Kesharpal, Tehsil Bhanpuri, P.S. Bhanpuri, Dist. Bastar (C.G.) (Detailes Not Mentioned Completely In The Order Sheet) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer (S.H.O.), P.S. - Bhanpuri, Dist.- Bastar (C.G.) ... Non-applicant For Applicant : Mr. Balraj Gupta, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.04.2025 1. Proceedings of this matter have been taken through video conferencing. PREETI KUMARI Digitally signed by PREETI KUMARI 2 2. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 20/2025 registered at Police Station- Bhanpuri, District- Bastar(C.G.), for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act. 3. Case of the prosecution, in brief, is that on 15.02.2025, based on information received from informant, allegedly total of 25.600 bulk liters of illicit liquor costing Rs. 8,000/- was seized from the joint possession of the applicants/accused. A case has been registered against the applicants/accused and an investigation is underway. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the applicants have no previous criminal antecedents. He further submits that the charge-sheet has been filed and they are in jail since 15.02.2025. It is further argued by him that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 5. Learned counsel for the State/non-applicant opposes the bail application and submits that the charge-sheet has been filed. He further submits that the applicants have no previous criminal antecedents. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that the applicants have no previous criminal antecedents, further the charge-sheet has been filed and and the applicants are in jail since 3 15.02.2025, further, the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the bail application is allowed. Let the applicant Nos. 1, 2 and 3 – Deepak Baghel, Rupendra Kashyap and Kamlesh Kashyap, involved in Crime No. 20/2025 registered at Police Station- Bhanpuri, District- Bastar(C.G.), for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act, be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of BNS. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS is issued and the applicants fails to appear before the Court on the date fixed in such proclamation, then, the trial Court shall 4 initiate proceedings against them, in accordance with law, under Section 209 of BNS. (iv) The applicants shall remain present, in person, before the trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial Court absence of the applicants are deliberate or without sufÏcient cause, then it shall be open for the trial Court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 9. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti